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Personal Injury
Auto v. Motorcycle
Lane Change Collision

Michael Rieth, Elizabeth Rieth v. County of Los Angeles, Edmundo Francisco Torres, and Does 1 through 50, Inclusive

Published: Sep. 26, 2015 | Result Date: May 27, 2015 | Filing Date: Jan. 1, 1900 |

Case number: TC026933 Verdict –  $1,396,280

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Stephen K. McElroy
(Carpenter, Zuckerman & Rowley LLP)

Jefferson Saylor
(The Saylor Firm)


Defendant

Catherine M. Mathers

Dennis M. Baier Jr.
(Wood, Smith, Henning & Berman LLP)


Facts

Michael Rieth and Elizabeth Rieth sued the County of Los Angeles and Los Angeles County Sheriff's Deputy Edmundo Torres, in connection with a motorcycle-vehicle accident that occurred at around 7:30 in the morning on June 11, 2012.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff Michael Rieth was riding his motorcycle on the westbound 105 in stop-and-go traffic. As he approached the Interstate 710 interchange, he was travelling 50 mph in the median double-yellow lines that separated the high-occupancy vehicle lane and the fast lane. Rieth alleged that Deputy Torres, who was riding in a marked patrol car, suddenly crossed the double-yellow lines to enter the HOV lane right. Plaintiff collided with the patrol car, and was thrown off his motorcycle. He was injured as a result of the accident and sued defendants for negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
Defendants clamed Rieth was responsible for the accident for illegally travelling on the median lane.

Settlement Discussions

The Rieths demanded $1 million in settlement. The county countered with a $100,000 offer of settlement.

Damages

Rieth sought $125,423 for future medical expenses and an unspecified amount for his past and future pain and suffering. His wife sought recovery for loss of consortium.

Injuries

Rieth claimed he sustained multiple fractures to his right leg and foot and underwent surgeries to repair them.

Result

Deputy Torres was dismissed out of the case, and the matter proceeded against the county only. Ultimately, the jury found Torres 65 percent at fault and Michael Rieth 35 percent at fault. Then it determined his damages totaled nearly $1.4 million, which included $70,000 for his wife's loss of consortium claim, $192,520 in past economic damages, $506,250 in past non-economic damages, $244,000 in future economic damages, and $383,513 in future non-economic damages. With the offset, the Rieths were set to recover $907,584.

Deliberation

1.5 days

Length

seven days


#95613

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